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LEGAL APPROVAL MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA JUNE 13, 1996 made it known that when the money is available, we hope to be number one on this list, since we have waited a long time for a high school. We also talked about the expansion of Congress Middle School, magnet programs in our elementary schools, improvements to our elementary schools, and cooperating with them to make these things happen. We let them know that everyone in Boynton Beach is concerned about schools, and Commissioner Bradley told them he was in favor of supporting the one cent sales tax in order to get the money to catch up with the 30 new schools that are needed. II. ITEMS FOR DISCUSSION A. Discussion of Financing Option for Boynton Beach High School 1. 237 Loan Program a) Encumbrance b) Actual Borrowing City Manager Parker advised that the city has been talking about the issuance of city revenue bonds. However, the School Board has other options which the Commission might want to discuss with the School Board. Bill Hukill, a former School Board employee, discussed the pros and cons of the 237 Loan Program. He distributed an excerpt of the General Education Facilities Report that the School District is legally required to issue to all municipalities in the County on October 1 st every year. He had highlighted certain portions of this document. On page 1 of the School District's Summary of the FY96 Five Year Capital Outlay Plan), he pointed out that there are no figures plugged into the columns f<?r the 237 Loan Authorization as there has been in past years, He explained that before the School Board builds a project, they have to identify the funding source, They do not have to actually have the money, but they have to encumber the money as opposed to collecting the money. One of the ways you and I would do that if we were going to construct or buy a house is get a commitment from a bank that they would loan us $50,000 or $100,000. With that commitment, we would not actually have that money and we would not be able to spend it, but we could enter into a contract to build or buy that house. The 237 Loan Authorization is a bridge loan, It is a procedure set up and funded by the State in the amount of about $200 million or $300 million state-wide utilized by this district and many others as a bridge loan, an encumbrance authorization. " .f ....,;" MINUTES CITY COMMISSIO~ WORKSHOP BOYNTON BEACH, FLORIDA JUNE 13, 1996 For example, if it costs $30 million for a high school, but they cannot identify any of the funding sources that are going to be discussed this evening, and they do not have the dollars in the bank, then they simply authorize a 237 Loan and enter into an agree91ent with the State. The loan is authorized, which means they can come back tomorro~ or next month or next year, within the time frames of that legislation, and actually borrow that money. You could enter $30 million for the Boynton Beach High School in the,:, FY97 column. It would be a bridge loan, and you could proceed with the construction of the school or the arrangement of the actual specific funds, the ones that are going to be discussed this evening (the revenue bonds, general obligation bonds, or other source of income), Whatever it is, the loan authorization encumbers that loan to the extent that you then can actually enter into the construction, The theory is that a $30 million high school, cash flow, is going to extend out over years, It will extend out over at least two, normally three, and sometimes four separate budget years, so you do not need the $30 million in cash when you award the contract. The loan authorization then allows you to make use of your cash flow, The Carryover Fund Balance shown on page 1 represents encumbered funds that are not spent as of that particular day. That would be the money that you would have to distribute, In the previous budget, the Carryover Fund Balance shown on page 1, in the amount of $259 million, was assigned to a project. That is where the cash flow comes from, Page 1 also shows a variety of interest income, That is because they oftentimes encumber funds that they collect but do not payout. They collect it but they pay it out over time, They reinvest it, collect interest on it, and can use that interest. There are some complications with that if you get too much interest, but essentially that is what the 237 Loan Authorization is, On page 2, $73 million is entered for new high schools in the FY97 column, which is for the Boynton Beach High School. We need to get the encumbrance and keep it there for our high school. . The next couple of pages lists all the schools that have been built since about 1983, All the elementary schools were started. The yellow line represents the delineation between when Mr, Mills left and Dr, Uhlhorn came in, which, theoretically, would have been the end of the bond issue. After that, only two elementary schools were not started. One of them was Egret Lake, They had a problem with that site, but they already had that site, The other one was "M", which you will not find anywhere, They reassigned that. It became Seminole Manor, and that was the last of the elementary schools in that bond issue. ' At the top of the sheet you will see that all the middle schools in that bond issue were built. In fact, all of them were built before 1990, You 3 MINUTES CITY COMMISSIO~ WORKSHOP BOYNTON BEACH, FLORIDA JUNE 13, 1996 will find that the SEe facility was built and all the high schools were built, except for "EEE", It appeared that the funding for "EEE" had been switched over to Royal Palm Beach. Page 7 identifies the cost of the Boynton High School and the West Boynton High School. They show it as a future funding need for this year (FY 97). Page 8 is statistical information which demonstrates why you need the capacity. If you look at the bottom half of that you will see that Atlantic High School is above capacity by almost 600 students. Lake Worth is above capacity by 2,000 students, and Santaluces is above capacity by 400 students. Those are the student stations that would be built at the new location. Beyond the 237 Loan Authorization, you have a bunch of options of where to get the money, and so does the School District. The rest of the presentation covered the School District's options, Mr. Hukill stated that they may have other options that we. have not thought about. Mayor Taylor referred to page 2, the $73,000,000 in FY 97 for new high schools, Mr. Hukill explained that the FY97 was what they were proposing in 1996 to do a year out. They do not budget a year ahead, They only budget one year at a time. They were simply saying that if you want to look at a long range plan, this is our long range plan, Mayor Taylor referred to the Carryover Fund Balance of $259 million and asked if that is money that they have encumbered. Mr. Hukill advised that it is encumbered funds and it is unspent. Commissioner Bradley said there has been some discussion by School Board members and staff members that the 237 Loan is not a viable option. He' read ,the following from a document: "Section 237 Loan can be used to start or fund additional appropriations with alternative funding to be found at a later date or by actually borrowing under the provision of this statute. The amount of any actual borrowing is limited to 25 percent of the prior year's ad valorem taxes for operating purposes. The amount borrowed, plus interest, must be repaid over a period not exceeding five years, Loans authorized under this statute are intended to provide bridge financing until cash resources are available from normal recurring revenues or other alternative financing." Mr. Hukill said that is the actual loan; that is not the authorization. He referred to the construction bid award column on the list of elementary schools and pointed out that no 4 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH. FLORIDA JUNE 13. 1996 dates have been entered in that column for several years after 1990. One way to account for that is that they did not exercise the option of using that 237 Loan Authorization. It is a way of making use of the fact that you do not have to tie all your money up for a project when you ente'r it if you could demonstrate the cash flow is going to be there when you need the money. He believed that gap in there is partially due to the fact that the decision was made to stop using the 237 Loan Authorization, City Manager Parker suggested that because of his knowledge and credibility as an expert witness, the former Associate Superintendent for Finance, Dr. Boekhoff, be asked to attend the joint meeting with the School Board to explain the 237 Loan Program if the Commission chooses this option. Mr. Hukill advised that Dr. Boekhoff is probably the recognized expert in Florida educational wise. City Manager Parker also pointed out that this is a way to begin a project without actually having dollars in the bank, and sometimes this makes finance people very nervous. Therefore, sometimes it is not so much knowledge as it is a philosophicai difference, It depends on how much you want to move forward without having actual cash to back you up, and how comfortable you are knowing your cash flow, the economic projections, and the millage rate projections, We have gone through a series of economic cycles in Palm Beach County, The School Board millage is based on assessed value just as the city millage, although they have many other sources of revenue that we do not. It is more of a comfort level and an approach as opposed to just pure knowledge, This would get the school going without any city participation whatsoever at that point. Commissioner Titcomb asked whose responsibility it would be to find a funding course if this option is chosen. City Manager Parker advised him that it would be the School Board's responsibility. 2. COPS City Manager Parker advised that this has been the methodology that the School Board has used in the past few years to fund construction projects. She asked Mark Raymond to give a brief overview of the COPS Program, Mr. Raymond stated that the School Board basically only has two ways of obtaining long term financing. One of the methods would be through the issuance of general obligation bonds and the other method would be through the COPS Program, He explained why COPS were developed. The Florida Constitution provides for all 5 MINUTES CITY COMMISSION \\'ORKSHOP BOYNTON BEACH. FLORIDA JUNE 13. 1996 governmental units within a state that if you want to borrow money and repay it over a term of more than one year, you can only use your ad valorem tax revenues to do that after the borrowing is approved by referendum. So when we talk about a general obligation bond with the School Board, we are talking about a bond that would. be payable from ad valorem taxes, and it could only be issued if it has a term of more than a year if there is a reference, Ad valorem taxes are the School Board's one significant sources of revenue and anytime it wants to borrow money for a term of more than one year, it is going to need to have a referendum, Therefore, people thought of a way of getting around that requirement, which was basically a play on the one year term limitation, He illustrated how COPS work. The School Board creates a corporation (the School Board Leasing Corporation). The School Board wants the corporation to build a school and they will lease it from the corporation for one year. You could use ad valorem tax dollars to pay for it without having to have a referendum because you are within the one year requirement. The lease would be renewable every year for the next 20 or 30 years, as long as the School Board wants to continue renewing it. However, the School Board does not have to renew it any particular year, Mr. Raymond explained where the corporation gets the money to build the school. Investors loan the corporation enough money to build the school. When the corporation gets the rent payments from the School Board, they will pay the investors back. However, the investors have to realize that the School Board only has to pay the corporation one year at a time and if they decide not to pay the corporation, the corporation does not have any revenue source to pay the investors back, The corporation will still own the school and might be able to find someone else to rent it, but probably not. The piece of paper that the investor buys when it makes this loan is called a Certificate of Participation (COP). It is called a Certificate of Participation because it entitles the investor to participate in the stream of rent payments that the School Board makes to the corporation. Mayor Taylor asked who the corporation is, Mr. Raymond said it is called the Palm Beach County School Board Leasing Corporation. He did not know if the members of the Board of Directors are members of the School Board or private citizens, Typically, there is an affiliation between the two. Anne Centi, Vice Chair of the Education Advisory Board, asked how much interest the corporation pays to the investor. Mr. Raymond explained that this is a function of 6 MINUTES CITY COMMISSION \VORKSHOP BOYNTON BEACH. FLORIDA JUNE 13, 1996 the market. The interest rate that is borne by the loan would be comparable to the interest rate borne by taxes and bonds, although it would be a little higher, When the City of Boynton Beach issues bonds, it has to pay the investors back in the next 20 years. Therefore, the interest rate is lower because there is less risk. Mayor Taylor pointed out that the School Board said they were not going to do any more COPS. 3. City Revenue Bonds Mr, Conitz distributed a handout (attached) and stated that the city has several revenue streams. If the city were to choose to partake in a particular project, the city can finance it using tax exempt bonds. The city has several revenue streams that they can use to do that. For instance. if the city chose to make expansions to its water and sewer system, it could do that. In fact, the city currently has outstanding water and sewer system bonds, The revenue stream to pay back those bonds would be water and sewer system revenues. If the city were to choose to do another particular type of project that is not related to a specific enterprise fund or a water and sewer fund, the city could issue general obligation bonds and ask the voters if they would pay an increased ad valorem tax to bond it. They would issue the bonds in the amount needed to build the project and the ad valorem taxes would increase by a level to pay the debt service on the bonds. This is one new revenue source that the city or the School Board or any entity could have. The project that they build would not be a burden on the current budget. It would be a brand new revenue source, For obvious reasons, very few bonds are issued with the general obligation mechanism, Another mechanism would be for the city to take one of its existing revenues, in addition to ad valorem taxes. build the project, and use some of the general funds from the city to pay the bonds back. However, generally, you can only issue a portion of that revenue, In this case, assuming a 1.25 coverage factor, which is generally the minimum an investor would accept, over 20 years, you could issue about $30 million in bonds, backed by half cent sales tax revenues, The same theory is used to generate all of the other revenue debt capacity numbers listed on the handout. You generally take the amount of money that you get and apply some coverage factor to it so that you have a cushion in case those revenues are not what you need them to be. That is what the market would accept and allOW you to issue bonds on a particular level. The city currently has one bond issue outstanding and it is backed by the public service taxes. Therefore, the available bonding capacity is somewhat less because you already have some of your capacity utilized. If you did not have any bonds, the capacity for the 7 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH. FLORIDA JUNE 13, 1996 public service tax would be $38 million. You have about $19,000,000 outstanding, so you have another $19.000,000 available to you, That is one option. Let's say you chose to build a high school. You could utilize one of your revenues, a non ad valorem revenue, generate those funds. and build a high school. Obviously, it is not your job to build schools, It is the School Board's job to build schools and pay for those schools because everybody pays ad valorem taxes to the School Board for that purpose. A rather innovative approach that has been talked about is that the city could issue its own bonds backed by anyone or a combination to pay the cost of the high school and could sign an agreement entrusting the School Board with the money to build a high school. At that point. in order to be paid and not be out-of-pocket, you could enter into a lease purchase agreement with the School Board, This lease purchase agreement is very similar to the agreement Mr. Raymond spoke about earlier in the meeting, However, instead of the corporation, the City of Boynton Beach would enter into an agreement whereby the School Board would not pay the city rent each year equal to the debt service that you are paying to the investor. You issue bonds, give the money to the School Board to build a high school, and pay the investors. The School Board pays you rent each year equal to the debt service that you are going to have to pay the investors. Just as in the COP issue, the agreement that you would enter into has to be the same as with the COP whereby the School Board has the ability to terminate the lease and walk away every single year, Mr. Conitz explained why any investor would look to buy that particular structure, For all practical purposes, the School Board cannot afford to walk away from a high school. That is the analysis that is done on every single COP issue, It is called essentiality (how essential the projects are). Even though you have a legal right to walk away, for all practical purposes, you could never walk away. If there is any doubt that these projects are not essential and you could walk away, those kinds of projects do not get financed with COPS because an investor will not take it. The investor in every case is very unlikely to ever come up short if the School Board were to walk away. The insurer will make those payments to the investors, Commissioner Tillman asked if this bond will reduce the city's bonding capacity, Mr, Conitz answered affirmatively. Commissioner Tillman asked if the debt service on those bonds would appear on residents' tax bill under the city or under the Pajm Beach County School District. Mr, Conitz advised that the debt service on this bond would not appear on anyone's tax bill. It would be a budget item from the city. Every year the budget item would indicate "x" amount of dollars for debt service on the bond issue, There would be a corresponding revenue on the other side of the ledger that states "lease payment from the School Board", and the two would offset each other. s MINUTES CITY COMMISSION \\"ORKSHOP BOYNTON BEACH. FLORID.-\. JUNE 13, 1996 Commissioner Tillman asked if the city would be responsible in the event that the School Board does not continue to participate, Mr, Conitz answered affirmatively. Mr. Conitz said the School Board currently has three COPS issues outstanding. In 1994 the School Board issued approximately $62 million worth of certificates. In 1995, they issued about $132 million. and just last month they issued about $33 million. So right now, the School Board has about $225 million worth of COPS outstanding. The annual lease payment of those certificates is approximately $17,5 to $18 million. He assumed that there are 10 to 15 schools tied up in that lease. In order to make the certificates more saleable to an investor, the mechanism that the investor community has to come up with to help insure that there really can be no opportunity for anyone to walk away is called a master lease concept. More appropriately, an "all or none appropriation". The master lease concept basically says that everything is under the same lease. Therefore, if the School Board were to walk away from their COPS obligations, the School Board cannot pick and chose which schools not to pay for. Even if the School Board does not like two or three schools, it is not going to walk away from 15 schools that it needs to get out of the debt service on two or three schools. This element is very well perceived by the investment community, the rating agencies, and the municipal bond insurers as a very secure structure, You would not be considered part of the master lease, but we believe that there could be an arrangement that your separate lease would be under the "all or none appropriation" concept. City Manager Parker said that is incorrect. She tried to do this and the School Board Attorney said they would not do that because each indenture agreement would have to be changed, With regard to the interest rate ona COP, Mr. Conitz stated that if the city were to build a new city hall and issue half cent sales tax bonds to do that, they would pay a series of interest rates on their debt that would result in an average interest rate of "x", Because of the ability of the School Board to walk away, and other features of a COP that are somewhat undesirable to an investor, there is generally a small interest rate penalty associated with a COP. The interest rate differential can be somewhere between five and ten basis points. A base point is one-tenth of 1 percent. Therefore, if the city bonds had an average interest rate of 5.75, the Palm Beach School Board might have an average interest rate of 5.80. It is not a huge interest rate differential. COPS are mostly accepted by the market and are all insured. Under the right circumstances, he believed there would be a situation where the city would pay a slightly lower interest rate than the School Board because of features inherent in a COP issue, However, certain 1hings which the city might want in the transaction may eat away at the interest 9 10 MINUTES CITY COMMISSIO~ \\'ORKSHOP BOYNTON BEACH. FLORIDA JUNE 13, 1996 rate differential. But. in general, the city is going to pay slightly less than the School Board. Mr, Conitz' handout showed a 20 year amortization average debt service on.a $40 million bond issue. Over 20 years, the average annual debt service on a city bond issue would be approximately $3,400,000. Over the life of the issue, that is about $68 million (about $28 million of interest over 20 years), There is another alternative, The School Board may be unwilling to start making lease payments on a facility if the facility is not done for two years, What would need to be done is to capitalize that interest and issue enough bonds so that the interest coming due in the first two years is not payable by anyone. It is in the bond issue, If you were to do that and payments begin in 1999, you would have the sam~ 20 year payments. They would just start two years later, The difference would be that the payments would be about $3,850,000 per year, or $77 million over the life of the issue. Starting your, payments in two years costs about $9 million over the life of the issue. Mr. Conitz advised that on a $40 million issue, in today's dollars, five basis points interest rate savings would save about $165,000. If the difference was ten basis points, that would increase to about $329,000. Because of the larger numbers involved when you capitalize interest, that same five basis point differential would equal $255,000 and ten basis points would equal a little over $500,000, Ms. Centi asked if these bonds are callable. Mr, Conitz stated that the call provisions that we would anticipate in this scenario would be an optional call provision of 10 years at one or two standard call provisions. This is a straight bond issue. If you were to do customize things, such as if the School Board were to do a GO bond issue, they would have to call the bonds in early, Ms, Centi asked if they are insured. Mr, Conitz answered affirmatively. . Commissioner Bradley asked if the basis points depend on the market. Mr. Conitz answered affirmatively, With regard to the revenue matrix for the city, City Manager Parker advised that we currently utilize all of these sources of revenue, with the exception of the water and sewer system, the local option gas tax, and the recreation user fees, which have their own separate funds. All the other items, along with property taxes, are sources of 10 MINUTES CITY COMMISSIO'l WORKSHOP BOYNTON BEACH. FLORIDA Jt:NE 13. 1996 funds for our general fund, Therefore, if in anyone year the School Board did not pay us, we would not have the money in the general fund to make that $4 million payment. At this point, the only source of money we have is to borrow it out of the utilities system. City Manager Parker also advised that Mr. Raymond and she specifically went over the issue of "all or none" because we felt it was a critical issue in relationship to this bond issue and would have given the city a lot more protection, However, the School Board's bond counsel told us that this could not be done, and Mr. Raymond has reviewed everything and has agreed with that. Therefore, we would be going into this as a stand- alone school. As you have seen from the capacity numbers, the School Board would still be over capacity once the high school is built. Therefore, we have to think about the likelihood of where the School Board is going to put those students if they do not utilize our school. We also have to think about whether or not the School Board would ever walk away from that high school. The School Board is trying to get a funding mechanism in place to finance the $800 million in back projects that they have, One of the things that we have talked to their staff about is structuring in this agreement that once the major funding source is approved or identified, the School Board would defease these bonds and the city would no longer have this debt, thereby freeing up the rest of our debt capacity and taking us off the hook for this debt service payment. Commissioner Bradley stated that the "all or none" concept would be optimal. However, if the School Board is going to walk away from COPS, it is not necessarily going to walk away from us first. And if they are going to walk away, it is probably because of the whole system. Mr. Raymond pointed out that if the city promises to pay back the investors no matter what, and the School Board decides not to fund the annual lease, the investors are going to get their money. The city will be the only entity that is hurt, . Commissioner Bradley asked how the insurance plays a part in that. Mr. Raymond said if the School Board does not appropriate and there is no money to pay the investors, the insurance company pays the investors and acquires whatever right the investors may have had, which is basically the right to own the school and find somebody to rent it. However, this creates a problem the next time the School Board wants to borrow 11 I~ MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH. FLORID.-\ J(;~E 13, 1996 Commissioner Titcomb asked if we are already on that priority list. City Manager Parker advised that we are on the priority list for the sales tax. Commissioner Titcomb asked about the special millage revenue bonds that Mr. Hukill was talking about. Mr. Hukill said it is hard to say. The way he reads their FY96 budget is that both Boynton Beach high schools are a high priority, However, they are unfunded at the moment, and that is what we are trying to get over. We do not care whether it is funded or not. We want it to be encumbered. The 237 Loan was suggested to encumber that loan and then come up with these other options to actually pay the bills. City Manager Parker pointed out that the high school cost the same as three elementary schools, So if they want to put us in, they would have to cut three elementary schools. or two junior high schools. 6. General Obligation Bond (1986 Bond Issue) This item was discussed earlier in the meeting. 7. Date, Time and Location of the Joint Workshop between the City Commission and School Board Virginia Farace, the Library Director, advised that the School Board offered to hold the joint meeting on Monday, July 1 st from 4:00 p.m, to 6:00 p,m, Some of the members of the School Board and the Superintendent have appointments at 6:00 p.m, and 6:30 p.m, that evening. The City Commission had no objection to holding the meeting at the School Board site in West Palm Beach. B. Discussion and Questions by City Commissioners and General Public Mayor Taylor asked if the School Board would still have to find the money to fund the school if we convince them on the 237 Loan Program. Mr. Hukill said they either have to do out a cash flow, re-identify funds, or come up with one of the strategies that have been discussed tonight. City Manager Parker advised that they could start construction and are ready for bids on the schools, Mayor Taylor was in favor of trying for the 237 Loan Program first. 1..+ MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA JUNE 13,1996 In response to Commissioner Titcomb's question about the track record of the 237 Loan Program in similar situations, Mr. Hukill stated that there is a record right here in the county; however, they never got to the point where they had to actually implement a loan against that. However, they used the authorization all the way through the meetings. Commissioner Bradley asked if the authorization acts as a bridge for a year or two until a funding source is identified. Mr, Hukill said it allows them to go into their cash flow. There is a delay in payment to the contractors. For example, the first day you award the contract on a $30 million job you do not have to have the $30 million, On paper you do have to have it. You have to have it encumbered, but you do not actually pay it out that day, You do not pay much out for the first three or four months, So it allows you, over a large series of projects, to have a great deal of cash to maneuver. It simply enables you to start projects ahead of the actual fund identifications, Commissioner Bradley felt we should push for the 237 Loan. He said it places the' responsibility where it should be, but he felt that at some point we should also talk again about collaborative effort and how we are interested in working towards a funding source. Commissioner Tillman was in favor of the 237 Loan, and COPS, as an alternative, He pointed out the School Board's responsibility, and he was not in favor of giving into them every time they say they cannot do something. City Manager Parker asked him how he felt about incentives for the project, Commissioner Tillman did not have any problem with incentives, However, he did not want to tie up $3 million a year. Commissioner Bradley stated that if we could get five basis points, the revenue bonds would be a sweetener. He said some members of the School Board are looking for the city to come to the table, and collaborative effort means cash in'their minds. Toward the end of the meeting with the School Board, he suggested discussing the revenue bond issue and how that would save them $180,000 or $350,000, and other possible ways to sweeten the deal. . Commissioner Titcomb agreed that the School Board has an obligation to us because of the chain of events of the last bond issue and how the city got shortchanged, He was in favor of the 237 Loan approach and the COPS program as a secondary source, He said it seems other communities have moved forward and nabbed up the schools out from under us. 15 MINUTES CITY COMMISSIO~ WORKSHOP BOYNTON BEACH. FLORID,-\ JUNE 13, 1996 Mayor Taylor had a problem with more incentives than just going there and trying to work this out. He would like to know what incentives other cities have given them, He pointed out that it is their job to build the school. We have paid our school taxes and they have not done it. We have waited 10 ten years for this school. They owe us. and we should not have to beg tnem and give them whatever they need, He would push for the 237 Loan and if they do not want to go with that. he suggested waiting to see if the sales tax is going to be put on the November ballot. He felt it will pass and if it does, he saw no reason why we would not be one of the first schools to be built. He thinks we should let the School Board bring the matter of a revenue source up first. He did not fear that they would ever not make that payment. Mr, Hukill said if they vote in November for a sales tax increase and it is successful, you still do not have the revenU9. Therefore, in order to expedite the school, you still need the bridge loan or some other strategy. Whatever the revenue source is. this gets you to whenever that is available. That's the purpose of the 237 Loan. Commissioner Bradley agreed with City Manager Parker's suggestion to have Dr, Boekhoff at the joint meeting, and he felt we should contact the School Board members to count the votes. City Manager Parker suggested having Mr, Raymond and Mr, Conitz available at that meeting if the Commission wants to push the 237 Loan hard. Mr. Hukill felt the issue of a 237 Loan will come up at that meeting, and that we should be prepared to discuss it. Mr. Raymond inquired about the sales tax issue that the city raised with the School Board. City Manager Parker advised him that Palm Beach County utilized a methodology to exempt portions of their construction project with sales tax, They decided to move forward on that on their own with their own staff, and utilize it county~ wide, not just on this particular school. . City Manager Parker explained that school boards, cities, counties, etc" are exempt from sales taxes on purchases or construction items purchased by the public entity, In the case of a $40 million school or a $10 million city hall, it can be a considerable dollar value. However. the Department of Revenue does not allow that sales tax exemption if the purchase is made by the contractor or subcontractor. The purchase has to be made by the nonprofit public entity, It is a paperwork nightmare to try to work out some alternatives on how to purchase your large ticket items. Therefore. we suggested a methodology that had beer used by Palm Beach County, some other counties, and other school districts in the State where you can go through your contract documents [6 CITY OF BOYNTON BEACH ATTEST: ~~~/ Cit Clerk - ommissioner ---. \ \'I ~ '~..-:," . .-.P ..... r...-- .;-- ..... r.nr't1 ~i~<:, i,.,,,,,,r MINUTES CITY COMMISSIO:\ WORKSHOP BOYNTON BEACH. FLORIDA JUNE l3. 1996 money because they know that someone. whether it is the investors or the insurance company, is going to be hurt very badly, Tris creates a very strong reason for the School Board not to nonappropriate, in addition to the essentiality that Mr. Conitz talked about. However, Mr, Raymond was concerned that this might not hurt their ability to do a COP the next day. City Manager Parker pointed out that the school children who are going to that school, their parents, and all the people associated with that school will also get hurt. City Manager Parker pointed out that both the city and the School Board usually utilize the MBIA insurance company. Therefore, everyonewould know if the School Board did not payor was contemplating not paying. Mr. Hukill asked Mr, Conitz if he contemplated reinvestment of the funds, Mr. Conitz said he did not. Mr. Hukill pointed out that if there are no payments made for the first year, there would not be payments made to the contractors either. That is a cash flow, so you would not be spending very much of the $40 million the first year. He stated that the figure that the school Board gave us is between $28 million and $30 million, Those combinations of numbers (the reinvestment of the funds) would make the $77 million total debt service unrealistic. It probably would be closer to $50 million. 4. Special Millage - Budget Allocation Mr, Hukill advised that all the schools in Florida are authorized to annually float up to two mills of revenue for capital expenditures and the local school board has done that. Looking at page 1 of his handout, he assumed that the $104 million shown in FY96 was two mills, meaning that in that year, one mill raised that $52 million. It also appears that as they go across the table, they have added 3 percent a year because of the rollback in taxes. That probably is a conservative figure because it does not contemplate additions to the tax rolls. So over the five years, there is $550 million available, assuming that every year the School Board levies that two mills that is available to retire any of these other kinds of funding that we have to pay for schools. Therefore, they have that baseline amount of money as long as they vote that millage. It is not their only source of income, but it is their biggest source of capital income. They could, for example, dedicate $30 million out or the special millage, However, they would not do that. They would use cash out of there but they would not dedicate the $30 million out of there. 12 MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA MAY 21,1996 Commissioner Titcomb asked if it would be the job of that particular committee to implement or recommend implementation of individual components within the visions document. Mayor Taylor said their function will be to look at the vast majority of recommendations, rationalize them into some sort of direction, and make their recommendations to the Commission, They may even want to recommend funding sources, Commissioner Titcomb said the timeliness of all that is crucial because as we go into budget processing, if they do not make this next cycle, they will be put off another year. If there is anything we can do to expedite that process, he felt it would be prudent to do so. ~IJJ 1. Boynton Beach High School ' ~ S . Y;: ~)\X Commissioner Bradley advised that he had been entering into preliminary discussions and n.f./ \ J information gathering sessions with some of the people from the School Board and our ~ / v own legal group to figure out if alternative funding was feasible. X B. Item for discussion requested by Commissioner Matt Bradley At the School Board meeting on June 5th, at 5:30 p.m., there will be a community rally and he hoped everybody will attend, He is in the midst of putting some scripts together so each City Commissioner can briefly talk about the important topics, namely, the high school and Congress Middle School, which is an important component to the feeder school concept. After that meeting, at the end of June, he would like to have a joint workshop with the School Board to hammer out ideas about alternative funding sources and the critical issue of sweeteners, He stated that this is something that the School Board continues to bring up. Even though we would bring a funding mechanism to the table that they could benefit from, either because it would have a slightly reduced interest rate attached to it or because of the collaborative nature of us using a revenue bond, we believe that those are reasons that the School Board would get behind this kind of idea. Commissioner Bradley said these topics need to be hammered out in the sunshine with the School Board, We all need to be there, put our cards on the table, and come up with a workable solution for getting a high school. Commissioner Bradley felt it was important that we are positive at the rally on June 5th. He said the last thing the School Board wants to hear from us is a lot of complaining and finger pointing, However, it is important to point out the facts, and the facts are that ever since they closed our high school, the citizens in Boynton Beach have been waiting for a high school. We were promised one in 1986. In a polite, respectful way, we need to let them know that the time is right, and at the same time, set the process in motion that will 60 MINUTES CITY COMMISSION WORKSHOP BOYNTON BEACH, FLORIDA JUNE 13, 1996 In response to a question from Mayor Taylor, Mr. Hukill said they encumber it every year, That is what their capital budget does, City Manager Parker stated that the School District has a list of projects much like we have a CIP list. They already have a number of schools on that list, and we could ask them to reprioritize that budget list to fit the high school in the current allocation. Commissioner Bradley asked if some of that capital is going to operation. Mr. Hukill said it depends on how you define it. If you look at their expenditure side, you will find about $40 million a year of their total capital budget revenue goes to, for example, maintenance of the schools, Roughly $10 million goes to staffing for the people who run the construction program, They have a number of other expenditures they make out of that and a lot of people think that those are operating expenses. A case can be made for that, but the State has authorized the school districts to do those sort of things, The argument is that as bad as this hurts, the operating budget is where the real crunch is and that is the one that affects the children. So if you can transfer expenses out of the operating budget into this budget, which is what they have done, that leaves more money in the operating budget to keep the ration of students to teachers 31 to 1 instead of increasing to 33 to 1. If they took the maintenance and put that $40 million back in the operating budget, for example, that would probably change their teacher/student ratio, It would be a very significant amount. Commissioner Bradley asked if we should suggest that there would be funds in the millage category for construction, Mr, Hukill said he did not know if there are funds in the millage category for construction. He was merely pointing out that this is their major source of revenue, ' City Manager Parker advised that under this methodology, we would be asking the School Board to reallocate their projects to fit our project in. However, this is usually a very difficult argument to make, 5. Sales Tax City Manager Parker said the sales tax issue will be coming up soon and asked if the Commission wanted to wait until that is approved, since our project is on the list of projects to be funded with that sales tax, The only option they have is their general obligation bond with the ad valorem taxes, similar to what they did in 1986, but the likelihood of this occurring is slim to none, 13 MINUTES - REGULAR CITY COMMISSION MEETING .~OYNTON BEACH, FLOrUD.A - - [,.",Il \ \ r.. L./'.J '- NOVEkBER 15, 1994 Tambri Heyden, Planning and Zoning Director, made the presentation. She advised that this application was submitted in connection with a major site plan. The existing building is an office building and a portion of the building will be used by a church. Because of a change in occupancy, the parking facility must meet current standards. The existing driveway on Old Dixie Highway is forty feet (401) less than the required standard of 180'. This is a request for relief from that requirement. The Planning and Development Board unanimously recommended approval of this varian"'" THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING. Mayor Hannening pointed out that this portion of Old Dixie Highway has not been overly burdened with traffic and our requirement for 1801 is antiquated in this particular area. Mot1on Vice Mayor Matson moved to approve the request for relief from Article X - Parking Lots, Section 5-142 (h) (3) - Distance from an intersection to a drive- way, location Gulfstream Professional Building, southeast corner of Gulfstream Boulevard and Old Dixie Highway. Mayor Pro Tern Bradley seconded the motion, which carried unanimously. Description: Quantum Lots 12, 13 and 14 ,4-iAJJ '7'1-007 Jeff Lis (Catalfumo) Quantum Associates West side of Quantum Boulevard, approximately 950 feet north of Gateway Boulevard ABANDONMENT: R~q~est for abandonment of a twelve foot (121) wide drainage easement with the center being located at the property line of Quantum Park, Lots 13 and 14. B. Project Name: Agent: Owner: Location: Tambri Heyden, Planning and Zoning Director, made the presentation. The handout distributed this evening is a letter from the Quantum Property Ownersl Associa- tion, Inc., dated November 14, 1994, confinming that they have no objection to the abandonment and relocation of the drainage easement running between Lots 13 and 14 in Quantum Park. Staff recommends approval of this request subject to installation of a new ease- ment for drainage. THERE WAS NO ONE PRESENT TO SPEAK AT THE PUBLIC HEARING. Mot1on Vice Mayor Matson moved to approve the request for abandonment of a twelve foot (121) wide drainage easement with the center being located at the property line of Quantum Park, Lots 13 and 14, project name Quantum Lots 12, 13 and 14, west side of Quantum Boulevard, apprOXimately 950 feet north of Gateway Boulevard. Commissioner Katz seconded the motion, which carried unanimously. - 9 - MINUTES - REGULAR CITY COMMISSION MEETING BOYNTON BEACH, FLOR1~ \ (~'NOVEMBER 15, 1994 ~ '0~ ~ VII. PUBLIC AUDIENCE: Stella Rossi, 625 Whispering Pines Road, spoke as a representative of the Coalition of Wilderness Islands. She addressed their concerns with the effect of C02 on plants and structure of the plant community. She recommended devel- oping the park and boardwalk and waiting to see if there is a problem. She objected to the use of taxpayers. dollars to support a Canadian company to experiment in insect control. Elizabeth _Jenfdn41: 7H ~w 1st Street, expf'-e-5sed--her feellJlg~ dbuut tne Boynton 6~ach Bulldogs. She reminded the Commissioners of her request for a plaque in memory of the two team members who were recently killed. In her opinion, these two boys left a message that it is time for the people of the City to draw closer together. These were two boys who grew up together and left this world together. She asked that the plaque be placed at Hester Center. Mayor Harmening advised that the Commission previously decided to have the plaque placed inside Hester Center. VIII. DEVELOPMENT PLANS: A. CONSENT AGENDA - Unanimously approved by Planning' Development Board Gulfstream Professional Building Robert Lake Leopold and Phillip Ettinger Southeast corner of Gulfstream Boulevard and Old Dixie Highway MAJOR SITE PLAN MODIFICATION: Conversion of a portion of the existing office building to a church, including' parking lot improvements and shared parking agreement. Ms. Heyden advised that shared parking 1s included in this request. The Planning and Development Board recommended restriping of the parking lot. 1. Project Name: Agent: Owners: Location: Description: Mayor Harmening said that he has never seen more than seventeen (17) cars parked in this lot. Most of this building has been vacant since it was built. He feels there may be something wrong with our Parking Lot Ordinance to require as many spaces as we do under certain conditions. If the membership of this church is stated correctly, they do not even need the number of spaces they have. To require them to repaint the spaces seems like it is "gilding the lilyll. Motion Commissioner Katz moved to approve the major site plan modification of conver- sion of a portion of the existing office building to a church, including parking lot improvements and shared parking agreement at the southeast corner of Gulfstream Boulevard and Old Dixie Highway, Gulfstream Professional Building, subject to all staff comments. Vice Mayor Matson requested that Commissioner Katz consider implementing the Mayor1s comments into his motion, rather than subject to all staff comments. - 10 - MiNUTES - REGULAR CITY C "'~SI .::~ MEETING BOYNTON BEACH. FLORIDA .. NOVEMBER 15. 1994 /"' \\" \. Vice Mayor Matson seconded the motion. Mayor Hanmening reiterated his stipulation that the parking lot does not need to be restriped unless the paint is deteriorating to the pOint where it is no longer visible. , ~ ',- The motion carried 4-0. B. NON-CONSENT AGENDA - Not Unanimously approved by Planning and Development Quantum Park M ~MD , '1-0 tJ 7 Jeff Lis (Catalfumo) Quantum Associates West side of 1-95, between Miner Road and the Boynton (C-16) Canal MASTER PLAN MODIFICATION: Request for approval of an amendment to the Quantum Park DRI Development Order, including an amended master site develop- ment plan which reflects the use of Lots 12, 12A, 13, 13A, 14 and 14A, previously designated as office, as office/research and development. Ms. Heyden advised that both of these items have been unanimously approved by Planning and Development. 1. Project Name: Agent: Owner: Location: Description: Quantum Park is zoned PID and this request is to amend their Development Order. This master plan modification is different from others in that it is a DRI. It is subject to our Code of Ordinances and the Florida Statutes. In addition to detenmining whether it is a substantial change, we must detennine that it is not a substantial deviation, it does not require further DRI review, and does not require public hearing other than for the purpose of amending the Development Order to adopt an Ordinance. ,_ The impact of this request will be very small. It is only 6.3 acres of office use. The original Quantum Park master plan showed this area as industrial. This is not a change in the concept of Quantum Park and falls well below the criteria for a detennination of substantial change. Other issues reviewed in making a detenmination are change in projected expen- ditures, change in dollars projected, impact on the land uses and traffic. Traffic is also a regional concern. The answer to all questions involved with these other issues is that the changes are insignificant and very minor in nature. Staff recommends that the City Commission find that this is not a substantial change, not a substantial deviation, does not require further DRI review, and is not subject to a public hearing for the purpose of passage of an Ordinance. Motion Vice Mayor Matson moved to approve the request for approval of an amendment to the Quantum Park DRI Development Order, including an amended master site devel- opment plan which reflects the use of Lots 12, 12A, 13, 13A, 14 and 14A, pre- viously designated as office, heretofore to be designated as office/research and - 11 - 'MINUTES - REGUI.AR C!TY, BOYNTON BEACH. FLORIDA ~ISSION MEETING ~\ \~9VEMBER 15. 1994 (-:'\ \~ >- \.. ~ \\." \ ( - '\'" .\.\'~ '\\ \ ' .#';> \\ \ yo: :;..-' development. My motion also includes that there be no finding of substantial change with respect to the revised master plan, and that the proposed change to Quantum Park DRI Order is not a substantial deviation, does not require further Development of Regional Impact review, and is not subject to a public hearing for purposes other than the passage of an Ordinance to review the original Quantum Park DRI DO, also established by Ordinance. Commissioner Katz seconded the motion, which carried 4-0. Quantum Lots 12. 13. cma 14 N WS ~ ?y"od' Jeff Lis (Cata1fumo) Quantum Associates West side of Quantum Boulevard, approximately 950 feet north of Gateway Boulevard NEW SITE PLANS: Request to construct a 100,000 square foot office/research and development building with associated parking and landscaping. Mayor Hanmening said this will be a new Motorola plant which is not part of the paging division. 2. t-'roject Name: Agent: Owner: Location: Description: Ms. Heyden made the presentation. She advised that the handout which was distributed this evening, supersedes the infonmation contained in the original backup packet. This handout is the result of comments by staff subsequent to the delivery of the first package of infonmation. The changes from the original packet are very minimal in nature. A third drive- way was added in the northern section of the site in response to comments by the Police Department. Because the driveway to the south is used for truck traffic, the internal radius had to be widened out. That resulted in the, loss of parking spaces. Also, there was a loss of parking in the area of the north driveway. There are 387 parking spaces as a result of the additional driveway and turning radius. This is a loss of thirteen (13) parking spaces; however, there is still more than sufficient parking. Ms. Heyden feels that the applicant has provided so much parking because of the fact that the employees work shifts, and there may be some overlapping. Ms. Heyden said this will be a two-story building of 100,000 square feet to be used for office/research and development/industrial. The proposed development shows three driveways. At the Planning and Development Board meeting, the applicant stated he would like to omit the middle driveway. Landscaping exceeds Code requirements. This project is not in the Community Design District. It will be a gray colored bu 11 ding. The Planning and Development Board unanimously recommended approval of this application, subject to the comments which were distributed this evening. - 12 - MINUTES - REGULAR CITY~~ISSION MEETING BOYNTON BEACH. FLORIDA ,.-- ~ ""'" -' \~ l,r \ - \\' ':, \,:',c, - '~\NOVEM8ER 15. 1994 r, Vice Mayor Matson pointed out that she attended the Planning and Development Board meeting where Chainman Lehnertz recommended replacing the Cypress mulch with Melaleuca mulch. This was not a condition of approval. Mr. Lis agreed that if there was an even swap there would be no problem. He did, however, express concern with the possibility of insect infestation. Mr. Lis agreed to comply if, after investigation, there are no concerns about insect infestation. Jeff Lis, representing! joint venture between Catalfumo and Tambone, said he has spent a great deal of time with staff getting this project ready for review by the City ('(l'!mL5~in!'1, Thpy h~ve no problems with any of th~ ~t~ff cnrrrnents which must be incorporated into the plans. However, he requested permission to obtain a foundation and column pennit from the Building Department prior to submittal of all of the plans addressing all of the comments. Discussions had taken place with staff wherein there was agreement that the applicant would submit plans addressing all comments prior to final building permit. Mr. Lis requested a deviation from that so that they can begin work on the first floor installation of footers, the floor, and the columns to go to the second floor prior to having complete submittals of all comments on all plans. Mayor Hanmening pointed out that the Building Code makes provision for a foun- dation permit. Mr. Hukill said he has a problem with this request since he is not sure staff has enough infonmation to inspect the foundation. He has not seen a foundation drawing. Mr. Hukill said he received four sheets of drawings last Thursday afternoon at 4:30 p.m. Two of those sheets were landscape drawings, one was drainage and paving and the fourth was site plan. Mr. Lis said he will have complete drawings for review by the Building Department for the submittal they are requesting. They will be signed and sealed. Soil tests have been completed and were already submitted to Engineering. C1ty Manager Parker advised that building penmits need not come before the City Commission. As long as the City Commission agrees with the concept, staff will continue to work with the applicant to be sure all technical aspects are handled. If we do not have anyone on staff, we will allow the applicant to hire a specialist to do the special inspection. Mayor Hanmening said he does not feel very secure initiating any kind of penmit, including a foundation penmit, without the plans for the foundation. Mr. Lis said complete plans will be submitted to the Building Department for review prior to the issuance of any penmit. Motion Vice Mayor Matson moved to approve new site plan to construct a 100,000 square foot office/research and development building with associated parking and land- scaping on Quantum Park Lots 12. 13 and 14. west side of Quantum Boulevard, approximately 950 feet north of Gateway Boulevard, subject to staff comments and also to include the possible replacement of Cypress mulch with Melaleuca mulch, subject to further review, plus the changes to the driveway configuration. Commissioner Katz seconded the motion. which carried 4-0. - 13 - MINUTES - REGULAR CITY C~ISSION MEETING BOYNTON BEACH. FLORIDA NOVEMBER IS. 1994 development. My motion also includes that there be no finding of substantial change with respect to the revised master plan, and that the proposed change to Quantum Park DRI Order is not a substantial deviation, does not require further Development of Regional Impact review, and ;s not subject to a public hearing for purposes other than the passage of an Ordinance to review the original Quantum Park DRI DO, also established by Ordinance. Commissioner Katz seconded the motion, which carried 4-0. Quantum Lots 12. 13 nd 14 Jeff Lis (Catalfu Quantum Associat West side of Q turn Boulevard, approximately 950 feet nort of Gateway Boulevard NEW SITE P : Request to construct a 100,000 square foo office/research and development building lth associated parking and landscapi Mayor Hanmening said this will be a w Motorola plant which is not part paging division. 2. Project Name: Agent: Owner: Location: Description: Ms. Heyden made the presentation She advised that the handout which as distributed this evening, super des the infonmation contained in th original backup packet. This handout i the result of comments by staff su equent to the delivery of the first pa age of infonmation. packet are very minimal in nature section of the site in response 0 drive- by the The changes from the way was added in the Police Department. Because the driveway t the south is used for truck traffi , the internal radius had to be widened out That resulted in the lass of park g spaces. Also, there was a loss of arking in the area of the north dri way. There are 387 parking spaces as result of the additional driveway tl turning radius. This is a loss of thir en (13) parking spaces; however, t re is still more than sufficient parki . Ms. Heyden feels that the appli nt has provided so much parking because f the fact that the employees work hifts, and there may be some overlappi Ms. Heyden s d this will be a two-story bui1din of 100,000 square feet to be used for of ce/research and development/indust al. The proposed development shows thre driveways. At the Planning and De 10pment Board meeting, the applicant tated he would like to omit the mi 1e driveway. and Development Board un subject to the comment It will be a gray colored Landsca ng exceeds Code requirements. is not in the Community Des' imously recommended approval of this hich were distributed this evening. - 12 - - MINUTES - REGULAR CITY ~ISSION MEETING BOYNTON BEACH. FLORIDA NOVEMBER 15. 1994 Vice Mayor Matson seconded Mayor Harmening reiter d his stipulation that the parkin be restriped unless e paint is deteriorating to the p , longer visible. The motion 4-0. not need to is no B. NON-CONSENT AGENDA - Not Unanimously approved by Planning and Development QuantllD Park Jeff Lis (Catalfumo) Quantum Associates West side of 1-95, between Miner Road and the Boynton (C-16) Canal MASTER PLAN MODIFICATION: Request for approval of an amendment to the Quantum Park DRI Development Order, including an amended master site develop- ment plan which reflects the use of Lots 12, 12A, 13, 13A, 14 and 14A, previously designated as office, as office/research and development. Ms. Heyden advised that both of these items have been unanimously approved by Planning and Development. 1. Project Name: Agent: Owner: Location: Description: Quantum Park is zoned PID and this request is to amend their Development Order. This master plan modification is different from others in that it is a DRI. It is subject to our Code of Ordinances and the Florida Statutes. In addition to determining whether it is a substantial change, we must determine that it is not a substantial deviation, it does not require further DRI review, and does not require public hearing other than for the purpose of amending the Development Order to adopt an Ordinance. The impact of this request will be very small. It is only 6.3 acres of office use. The original Quantum Park master plan showed this area as industrial. This is not a change in the concept of Quantum Park and falls well below the criteria for a determination of substantial change. Other issues reviewed in making a detenmination are change in projected expen- ditures, change in dollars projected, impact on the land uses and traffic. Traffic is also a regional concern. The answer to all questions involved with these other issues is that the changes are insignificant and very minor in nature. Staff recommends that the City Commission find that this is not a substantial change, not a substantial deviation, does not require further DRI review, and is not subject to a public hearing for the purpose of passage of an Ordinance. Motion Vice Mayor Matson moved to approve the request for approval of an amendment to the Quantum ParK'DRI Development Order, including an amended master site devel- opment plan which reflects the use of Lots 12, 12A, 13, 13A, 14 and 14A, pre- viously designated as office, heretofore to be designated as office/research and - 11 - ~' ORDINANCE NO, 094-.6i' " :! AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR A DETERMINATION THAT CHANGES TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO. 84-51, AND AMENDED IN ORDINANCES NOS. 86-11,86-37,88- 3 AND 94-10, DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380,06, FLORIDA STATUTES, 1994, DETERMINING THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS. 84-51,86-11,86-37,88- 3 AND 94-10) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES; AND PROVIDING FOR AN EFFECTIVE DATE. 1 II ~~ 1.-tPM V tt4---oo- ~ (2-(. WHEREAS, Quantum Associates, a Florida general partnership ("Developer") is the current owner and developer of the remaining vacant land within the project 1 ~ commonly known as Quantum Corporate Park at Boynton Beach Development of Regional Impact (sometimes hereinafter called the "Quantum Park DRI"); and ,; WHEREAS, the original Development Order for the Quantum Park DRI was " I approved by the City of Boynton Beach (the "City") by Ordinance No. 84-51 and amended by Ordinance Nos. 86-11,86-37,88-3 and 94-10 (hereinafter collectively called the "Development Order"); and ,i WHEREAS, the land subject to the Development Order is described therein ,: as the "Property" and is incorporated herein by reference; and i! ;; :1'1' WHEREAS, Developer has submitted to the City a Notification of Proposed II Change to a Previously Approved Development of Regional Impact requesting a I, further amendment to the Development Order for the purpose of revising the Master I! Site Development Plan to reflect the use of a portion of the Property previously designated for office use to be redesignated for office/research and development use; and .. WHEREAS, the City Commission of Boynton Beach, as the governing body having jurisdiction, is authorized and empowered to consider applications for amendments to development orders approving developments of regional impact pursuant to Chapter 380.06, Florida Statutes (1994); and ji WHEREAS, said City Commission has considered the testimony, reports and other documentary evidence submitted at said public hearing by Developer. the City staff and the public, and the City Planning and Development Board's recommendations of the 15th day of November, 1994; and WHEREA~, said City Commission has considered all of the foregoing, NOW THEREFORE, be it ordained by the City Commission of Boynton Beach, that said City Commission makes the following findings of fact: Section 1, A notice of public hearing in the proceedings was duly published on the 4th day of November, 1994, in The News, a newspaper of general circulation in Boynton Beach, Florida, pursuant to Chapter 380.06, Florida Statutes, and proof of said publication has been duly filed in these proceedings, Section 2, Developer has requested that the Development Order be amended by revising the land use designation of Lots 12, 13, and 14 from "office" to "office/research and development" as reflected on the amended Master Site Development Plans, attached hereto as Exhibit "A" and made a part hereof. " F$~ M~M P q.f--0o7 ~ (?--(4. " I, ORDINANCE NO, 094-.61 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR A DETERMINATION THAT CHANGES TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO. 84-51, AND AMENDED IN ORDINANCES NOS. 86-11,86-37,88- 3 AND 94-10, DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380.06, FLORIDA STATUTES, 1994, DETERMINING THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS, 84-51,86-11,86-37,88- 3 AND 94-10) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Quantum Associates, a Florida general partnership ("Developer") is the current owner and developer of the remaining vacant land within the project , commonly known as Quantum Corporate Park at Boynton Beach Development of Regional Impact (sometimes hereinafter called the "Quantum Park DRI"); and WHEREAS, the original Development Order for the Quantum Park DRI was approved by the City of Boynton Beach (the "City") by Ordinance No. 84-51 and amended by Ordinance Nos, 86-11,86-37,88-3 and 94-10 (hereinafter collectively , called the "Development Order"); and ,I WHEREAS, the land subject to the Development Order is described therein : as the "Property" and is incorporated herein by reference; and ,I I: :i WHEREAS, Developer has submitted to the City a Notification of Proposed Change to a Previously Approved Development of Regional Impact requesting a further amendment to the Development Order for the purpose of revising the Master Site Development Plan to reflect the use of a portion of the Property previously designated for office use to be redesignated for office/research and development use; and :i WHEREAS, the City Commission of Boynton Beach, as the governing body having jurisdiction, is authorized and empowered to consider applications for amendments to development orders approving developments of regional impact pursuant to Chapter 380,06, Florida Statutes (1994); and WHEREAS, said City Commission has considered the testimony, reports and other documentary evidence submitted at said public hearing by Developer, the City staff and the public, and the City Planning and Development Board's recommendations of the 15th day of November, 1994; and WHEREAS, said City Commission has considered all of the foregoing, " NOW THEREFORE, be it ordained by the City Commission of Boynton Beach, that said City Commission makes the following findings of fact: Section 1. A notice of public hearing in the proceedings was duly published on the 4th day of November, 1994, in The News, a newspaper of general circulation in Boynton Beach, Florida, pursuant to Chapter 380,06, Florida Statutes, and proof of said publication has been duly filed in these proceedings, Section 2, Developer has requested that the Development Order be amended by revising the land use designation of Lots 12, 13, and 14 from "office" to "office/research and development" as reflected on the amended Master Site Development Plans, attached hereto as Exhibit "A" and made a part hereof, i! -., ...., ...., " Section 3. Upon consideration of all matters described in Section 380,06, Florida Statutes (1994), it is hereby determined that: A. The amendment proposed by Developer does not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to this area, B, The amendment proposed by Developer is consistent with the local comprehensive plan and local land development regulations, C. The amendment proposed by Developer is consistent with the recommendations of the Treasure Coast Regional Planning Council on file in these proceedings. D. The amendment proposed by Developer does not constitute a substantial deviation under Chapter 380,06, Florida Statutes (1994), Section 4, The City Commission has concluded as a matter of law that these proceedings have been duly conducted,pursuant to the provisions of Chapter 380,06, , Florida Statutes (1994), that Developer is entitled to the relief prayed and applied for, and that the Development Order is hereby amended incorporating the amendments proposed by Developer as set forth in Section 2 above, Section 5, Except as otherwise amended herein, the Development Order shall remain in full force and effect, FIRST READING this / day of November, 1994, SECOND READING and FINAL PASSAGE this /0 day of November, 1994, CITY OF BOYNTON BEACH k;' ---, '-___-.'/" /' _ , , -=-_ ~~(~~{-/(~:"tt,~, / ~' " ,+ Mayor ~/-~ Ice Mayor ~,,-- Mayo P " li Commissioner ATTEST: '--(/~ ) V~ , i /cit;f~~JU'~~-K :~~~/} l' / QUANTIJM,ORD 11,1,94Rev, 11/10/94 ~. ~"..~ ~ ~.,t~\0\~ />< /5\ c'-'\ At \ 9' "''''3'$2tl- .~ ~.. \,)1'" ,0:.'" .:):-" ~!" -. QUt'\N rUM .._ ...r. - t-,~ I'" :"1 &1'- A e ....... a\.... ..... "* '.'~-"-~-'---'--'---'~~-- SHUTTS & BOWEN ATTORNEYS AND COUNSELLORS AT LAW (A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS) 20 NORTH ORANGE AVENUE SUITE 1000 ORLANDO, FLORIDA 32801 TELEPHONE(407) 423-3200 TELECOPIER (407) 425'8316 FRANK B, SHUTTS 11870-19471 CRATE D. BOWEN (1871-19591 October 31, 1994 via FEDERAL EXPRESS GARY M. BAGlIEBTER KATRJNA D. BAKER ARNOLD L. BERMAN JOSEPH D, BOLTON CHRiSTOPHER W. BOYETT BOWMAN BROWN, P,A. ANDREW M. BRUMBY JUDITH A. BURKE THOMAS P. CALLAN SHEILA M. CESARANO JOHN S. CHOWNING, P.A. STEVEN l. CHUDNOW JONATHAN COHEN KEVI N D. COWAN KAREN H. CURTIS. P.A. LUIS A. DE ARMAS, P.A. GREGORY L. DENES KATHLEEN L. DEUTSCH JEAN-CHARLES CIBSS LINDA W. DILLMAN JAM ES F. DU RHAM, II CHARLES ROBINSON fAWSETT. P A. ESTEBAN A. FERRER ROBERT G. FRACASSO. JR. ROBERT A. FREYER ROGER FRtEDBAUER W1LLlAM J. GAlLWEY, III STEPHEN B. GILLMAN. P.A. ROBERT BLAIR GOLDMAN ANDREW L. GORDON MICHAEL L. GORE JODI M. GRESS ROBERT E. GUNN, P.A. JOHN K. HARRIS, JR. EDMUND T. HENRY, ill DON L. HORN MARY RUTH HOUSTON YOLANDA CASH JACKSON WILLIAM N. JACOBS THOMAS H. JUSTICE, ill MARVIN A. KIRSNER. P.A. JOHN T. KOLINSKI J(F'FREY M. LANDAU RICHARD M. LESLIE, P.A. MAXINE M. lONG DON A. lYNN, P.A. LEE D. MACKSON ANTONIO MARTINEZ, JR., P.A. WILLIAM G. McCULLOUGH JOSEPH F. McSORLEY JOHN E. MEA..GHER ARTHUR J. MENOR ROBERT O. MILLER ALAN f M ISHAEL C. RICHARD MORGAN TIMOTHY J. MURPHY PHILLIP G. NEWCOM"'1. P.A. lOUIS NOSTRO JAMES M. O'CONNELL USA O. O'NEill HAROLD E. PATRICOFF, JR. STEPHEN L. PERRONE. P.A. GEOFFREY RANDALL SALLY M. RICHARDSON lIZA RISO MARGARET A. ROLANDO. P.A. RAU L J. SALAS ROSEMARIE N. SANCERSON-SCHAOE. P. A. WRITER'S DIRECT LINE Mr. J. Thomas Beck, Bureau Chief Bureau of State Planning Division of Resource Planning and Management Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Re: Quantum Corporate Park DR! (Boynton Beach) Dear Tom: ROBERT A. SAVILL, P.A. ALFRED G. 8M ITH WILLIAM F. SMITH, P.A. ROBERT C. SOMMERVILLE, P.A. STEPHEN S. STALLINGS KAREN L. STETSON KIMARIE R. STRATOS, P.A. XAVIER L. SUAREZ ANDREW P. TETZELI ROBERT E. VENNEY M. THERESE VENTO BRENTON N. VER PLOEG, P.A BARBARA E. VICEVICH, P.A. ROBERT A. WAINGER, M.D. J. DONALD WASIL DANIEL J. WEIDMANN RO BERT WEXLER JOHN B. WHITE, P.A. JAMES G. WILLARD SCOTT G WI LLlAMS LAWRENCE D. WINSON LETITIA E. WOOD. P.A. KENNETH W. WRIGHT OF cou NSEL JORDAN BITTEL, P.A. JOHN R. DAY, P.A. ROO JONES MARSHALL J. LANGER, P.A. JON MILLS PRESTON L. PREVATT Please find enclosed a revised Exhibit "A" to the Notification of a Proposed Change to a Previously Approved DR! at which you were sent by Federal Express on October 28th. The original Exhibit "A" inadvertently did not include the proposed R & D use on Lots 12, 13 and 14. I l, Jame / i Tambri Heyden, Director, Boyntol Carrie Parker, City Manager Sally Black, Treasure Coast Regional Planning Andrew A. Juster, Simon Property Group Steve E. Fivel, Esq. Simon Property Group Jim Cherof cc: ORLANDO 78157.1 - SAS , lYfJr~, , /" j /[/ / / /1 Willard Beach Planning Dept. Council FLORIDA OFFICES: KEY LARGO, MIAMI, ORLANDO, WEST PALM EUROPEAN OFFICE: AMSTERDAM, THE NETHERLANDS ,...,~"~,,, , ""I'\\\";,,'i"""" ':'" t\,' , ',,,,' , :Y IDA ' LAKE .. -+.' I ." ----I i I I 1 J 1 J I ---I : J I I , I . 8A J ! ' . I , --t I J I , J I --/ I 1 I J " I J J / I 1 /',/ yo' .~\\\\"\I\\" 'II' , ,~\\\\\\\\\~\\,\\\\ '''11\~1'l\~\\ I' ,t ~\~\\\;~\\I\~1 \\\I~W:I\'\\"I.\:::~\~'\:: ;:I~ 'Ii\'~\il \\\\:\,\\,,:',\ ,I" 33 ~ '~\\\\\ II \1\ ,'" 'I' 11\" \ OffiCE \ ",~!\\l:\'!;'!\\:\\" " i ~r- '!'II\I\I>" ,,,' ' Z,4\.. ....... ~\\\\\\\i'l ,,1 'II II' ,,', . ~~~'~.~'~ ..-..-..-..-.. . 12 ~12A Off\CE./ R&D 2.26 ",-C ...-.*~." ~......-..* 3"" OFf\CE. 3.73 "C J t-- J I I , I J I ~- I I I f I I I I , 1-_ I , I I 1-4 A 16A 17" "- "- "'- 18" '..... II.." ."..~~), 'f"".' '.",,:, '. 'J;V" , \ 18 ~ 18" Off\CE. Z,gl ~ . , " ]>,." PLAN r~ OJRRBN'l' .---.---------..----.- _.~--------_.- - SHUTTS & BOWEN ATTORNEYS AND COUNSELLORS AT LAW (A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS' 20 NORTH ORANGE AVENUE SUITE 1000 ORLANDO, FLORIDA 32801 TELEPHONE (407)423-3200 TELECOPIER (407) 425,8316 FRANK 8. SHUTTS (1870,1947) CRATE D. BOWEN <1671-1959) October 28, 1994 via FEDERAL EXPRESS GARY M. BAGLIEBTER KATRI NA D. BAKER ARNOLD L, BERMAN JOSEPH D. BOLTON CHRISTOPHER W. BOYETT BOWMAN BROWN, P.A. ANDREW M. BRUMBY JUDITH A. BURKE THOMAS P. CALLAN SHEILA M, CESARANO JOHN S. CHOWNING, P.A. STEVEN L, CHU DNOW JONATHAN COHEN KEVI N 0, COWAN KAREN H. CURTIS, P.A. LU IS A. DE ARMAS, P. A. GREGORY L, DENES KATHLEEN L. DEUTSCH JEAN'CHARLES DIBBS LINDA W, DILLMAN JAMES F. DURHAM, n CHARLES ROBINSON FAWSETT, P,A, ESTEBAN A. FERRER ROBERT G, FRACASSO, JR, ROBERT A. FREYER ROGER FRI EDBAUER WILLIAM J, GALLWEY, ill STEPHEN B. GILLMAN, P,A, ROBERT BLAI R GOLDMAN ANDREW L. GORDON MICHAEL L. GORE JODI M. GRESS ROBERT E. GUNN. P,A. JOHN K. HARRIS. JR. Ms. Tambri Heyden Planning and Zoning Director City of Boynton Beach 100 East Boynton Beach Boynton Beach, Florida Blvd. 33425-0310 Re: Quantum DRI Amendment Dear Tambri: EDMUND T. HENRY, m DON L. HORN MARY RUTH HOUSTON YOLANDA CASH JACKSON WILLIAM N. JACOBS THOMAS H. JUSTICE. ill MARVIN A. KIRSNER. P.A. JOHN T. KOLINSKI JEFFREY M. LANDAU RICHARD M. LESLIE, P."'. MAXINE M. LONG DON A. LYNN, P.A. LEE D. MACKSON ANTONIO MARTINEZ, JR., P."'. WILLIAM G, McCULLOUGH JOSEPH F. MCSORLEY JOHN E. MEAGHER ARTHUR J. MENOR ROBERT D. MILLER ALAN I. M ISHAEL C. RICHARD MORGAN TIMOTHY J. MURPHY PHILLIP G. NEWCOMM, P.A. LOUIS NOSTRO JAMES M, O'CONNELL LISA O. O'NEilL HAROLD E, PATRICOFF, JR. STEPH EN L. PERRON E, P. A. GEOFFREY RANDALL SALLY M. RICHARDSON LlZA RISO MARGARET A, ROLANDO, P.A, RAU L J, SALAS ROSEMARIE N, SANCERSON'SCHADE. P.A. ROBERT A. SAVILL, P.A. ALFRED G, SMITH WILLIAM F. SMITH, P.A. ROBERT C. SOMMERVilLE, P.A. STEPHEN 5. STALLINGS KAREN L. STETSON KIMARIE R. STRATOS, P.A. XAVI ER L. SUAREZ ANDREW P. TETZELI ROBERT E. VENNEY M. THERESE VENTO BRENTOPi N. VER PLOEG, P.A. BARBARA E. VICEVICH, P.A. ROBERT A, WAINGER. M,D, J, DONALD WASIL DANIEL J. WEIDMANN ROBERT WEXLER JOHN B. WHITE. P.A. JAMES G. WILLARD SCOTT G, WI LLIAMS LAWRENCE D. WINSON LETITIA E. WOOD, P. A. KENNETH W. WRIGHT OF COUNSEL JORDAN BITTEL. P.A JOHN R. DAY, P.A. ROD JON ES MARSHALL J. LANGER, P. A. JON MILLS PRESTON L. PREVATT WRITER'S 01 RECT LI N E Enclosed is a copy of my letter to Tom Beck at DCA together with three copies of the "Notification of a proposed Change to a Previously Approved DRI". This Notification relates to the redesignation of three lots from "Office" to "Office/Research and Development" . Pursuant to Florida Statute 380.06(19)(e)2, the proposed change is conclusively deemed not to be a substantial change and therefore does not require a public hearing. Sally Black at TCRPC concurs with this determination. Therefore, no public notice is required and the adoption of this Amendment can be scheduled at the next available City Council meeting. Al though the City has historically amended the DRI Development Order by ordinance, an ordinance is not required by state law and many jurisdictions, including Orlando and other Central Florida counties, adopt DRI amendments by resolution. Therefore, I believe that only one City Council meeting is necessary to adopt this proposed change. You may confirm this with your City Attorney, Jim Cherof. I further understand that this amendment is scheduled to be reviewed by City Council at its meeting on November 15th. Please advise me of the application fee for reviewing the proposed change and I will send it to you immediately. FLORIDA OFFICES: KEY LARGO, MIAMI, ORLANDO, WEST PALM BEACH EUROPEAN OFFICE: AMSTERDAM, THE NETHERLANDS " Ms. Tambri Heyden October 28, 1994 Page 2 Please call if you have any questions. JGW/ss Enclosure cc: Carrie Parker, City Manager (via Federal Express) Jim Cherof (via Federal Express) Andrew A. Juster (via Federal Express) Steven E. Fivel, Esquire (via Federal Express) ORLANDO 78111.1. SAS SHUTTS & BOWEN GARY M. IlAGLIEBTER KATR'N... D, IlAKER "'RNOLD L, BERM"'N JOSEPH D, BOLTON CHRISTOPHER W, BOYETT BOWM"'N IIROWN. P,.... "'NDREW M, BRUMBY JUDITH ..., BURKE THOMAS p, CALLAN SHEILA 04 CES"'RANO JOHN 5, CHOWNING. P,..., STEVEN L. CHUDNOW JON...TH"'N COH EN KEVIN D. COW"'N KAREN H, CURTIS. P...., LU IS A. DE ARMAS. P. A. GREGORY L. DENES KATHLEEN L. DEUTSCH JEAN'CH"'RLES DIBBS LIND'" W, DILLM",N J"'MES F', DURH"'M, n CH"'RLES ROllINSON F''''WSETT. P,..., ESTEIlAN ..., F'ERRER ROIIERT G, FRACASSO. JR, ROBERT .... F'REYER ROGER F'RIEDIlAUER WILLI...M ..I. GALLWEY, m STEPHEN II, GILLMAN, P,..., ROIIERT BLAIR GOLDM"'N "'NDREW L. GORDON MICH...EL L, GORE JODI M GRESS ROBERT E. GUNN, P,.... ,JOHN K. HARRIS. JR. ATTORNEYS AND COUNSELLORS AT LAW 'A PARTNERSHIP INCLUDING PROF'ESSION...L ...SSOCIATlONS' 20 NORTH ORANGE AVENUE SUITE 1000 ORLANDO, F'LORIDA 32801 TELEPHONE (407) 423-3200 TELECOPIER (407) 425-8316 F'RANK B. SHUTTS (1870-15147' CRATE D. BOWEN 11871-'959) October 28, 1994 via FEDERAL EXPRESS Mr. J. Thomas Beck, Bureau Chief Bureau of State Planning Division of Resource Planning and Management Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Re: Quantum Corporate Park DRI (Boynton Beach) - Notification of a Proposed Change to a Previously Approved DRI Dear Tom: ..~ EOMUND T, HENRY. m DON L, HORN M...RY RUTH HOUSTON YOLAND'" CASH J...CKSON WILLI...M N, J...COBS THOMAS H, JUSTICE. m M...RVIN ..., KIRSNER, P...., JOHN T, KOLINSKI JEF'FREY 04, LAND...U RICHARD M. lESLlE. P.""'. """INE M, LONG DON ..., LYNN. P...., LEE 0, .....CKSON ...NTONIO MARTINEZ. JR" P...., WiLLI..... G. MCCULLOUGH JOSEPH F', "CSORLEY JOHN E, MEAGHER "'RTHUR ..I, "ENOR ROBERT 0, "ILLER ALAN l. 1141$HAEL C, RICH...RD ..OR....N TIMOTHY J. MURPHY PHILLIP G, NEWCO"M. P.... LOUIS NOSTRO JAMES ... O'CONNELL LIS'" 0, O'NEILL H"'ROLD E, P...TRICOF'F'. JR. STEPHEN L, PERRONE. P...., GEOF'F'REY RAND"'LL SALLY", RICH...RDSON UZA RISO .....RG...RET.... ROLANDO, P,..., RAUL ..I, SALAS ROSEM...RIE N. SANCERSON-5CHADE. p...., WRITER'S DIRECT LINE ROBERT ..., SAVILL. P,.... "'LF'RED G, SMITH WILLIAM F". SMITH. P.". ROBERT C, SOMMERVILLE. P...., STEPHEN S. ST"'LLINGS KAREN L, STETSON KI.....RIE R, STR...TOS, P,..., XAVIER L. SU"'REZ "'NDREW P, TETZELI ROBERT E. VENNEY M, THERESE VENTO BRENTON N. VER PLOEG. P.... IlARII...RA E, VICEVICH. P...., ROBERT..., W"'INGER, M.D, ..I. DON"'LD W",SIL D...NIEL ..I, WEIDM",NN ROBERT WEXLER .JOHN II, WHITE. P...., .J.....ES G, WILLARD SCOTT G, WILLI...MS LAWRENCE 0, WI NSON LETITI", E, WOOD. P,..., KENNETH W WRIGHT OF' COUNSEL .JORD"'N IIITTEL. P,..., .JOHN R. D"'Y. P,..., ROD JONES .....RSH...LL J, LANGER. P,..., JON MILLS PRESTON L, PREV"'TT In accordance with enclosed a copy of the Previously Approved DRI relating in Boynton Beach, Florida. Florida Statute 380.06(19), please find Notification of a Proposed Change to a to the Quantum Corporate Park DRI The proposed by only change Amendment is of 8.2 acres) FLORIDA OFFICES: KEY LARGO, MIAMI, ORLANDO, WEST PALM BEACH EUROPEAN OFFICE: AMSTERDAM, THE NETHERLANDS the from FORM RPM-BSP-PROPCHANGE-1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 904/488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, JAMES G. WILLARD, the undersigned authorized representative of QUANTUM ASSOCIATES, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the QUANTUM CORPORATE PARK (formerly known as Boynton Beach Park of Commerce) development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to City of Boynton Beach, to the Treasure Coast Regional Planning Council, and to the Bureau of State Planning, Department of Community Affairs. ~Lf~ (Date) L Y/ /9?7 , 2. Applicant (name, address, phone). Quantum Associates 115 West Washington Street Indianapolis, Indiana 46204 317/636-1600 3. Authorized Agent (name, address, phone). James G. Willard, Esquire Shutts & Bowen 20 North Orange Avenue, Suite 1000 Orlando, Florida 32801 407/423-3200 4. Location (City, County, Township/Range/Section) of approved DRI and proposed change. The Quantum Corporate Park DRI is located in Sections 17 and 20, Township 45 South, Range 43 East, Palm Beach County, Florida. The description of the property which is the subject of the proposed change is identified pursuant to the current Master Site Development Plan as Lots 12, 13 and 14 consisting of a total of aproximately 8.2 acres. 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build-out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. Applicant seeks to amend its Master Site Development Plan (the "Master Plan") to reflect the intended use of Lots 12, 13 and 14 as "Office/R & D" instead of solely "Office". The current Master Site Development Plan as amended by Amendment Number 4, dated March 28, 1994 will remain exactly the same other than for the land use designations of the foregoing described lots being changed to "Office/R & D". A copy of that portion of the most -2- recent Master Site Development Plan including the subject lots and the proposed land use changes is attached hereto as Exhibit "A". 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed or has occurred, indicate no change. No change to the DRI is proposed other than the expanded land use designation for Lots 12, 13 and 14. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Original Development Order December 18, 1984 First Amendment to Development Order June 3, 1986 Second Amendment to Development Order October 21, 1986 Third Amendment to Development Order February 2, 1988 Fourth Amendment to Development Order April 19, 1994 The purpose of all three amendments was to change the Master Site Development Plan. There has been no change in local government jurisdiction for any portion of the development. 8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non-project land uses within 1/2 mile on a project master site plan or other map. No additional lands were purchased or optioned since the approval of the initial Development Order. -3- L~pre~en~a~~ons ~n ~ne App~1ca~1on tor Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for -4- """ ... / .........". .."" J 9. Indicate if the proposed change is less than 40\ (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida statutes. Response: The proposed change is less than 40% of the criteria listed in Florida Statutes 380.06(19)(b). Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES x NO 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new bui1dout or phasing dates. The proposed change does not result in a change to the buildout date or any phasing date of the Project. 11. Will the proposed change require an amendment to the local government comprehensive plan? The proposed change will not require an amendment to the local government comprehensive plan. 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. The affected portion of the proposed Amended Master Site Development Plan is attached hereto as Exhibit "A". 13. Pursuant to Subsection 380.06(1) (f), F.A., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build-out date of the development; to development order condi tions and requirements; to commi tments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for -4- ,~, ......,; preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; c. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down-zoning, unit density reduction, or intensity reduction, if applicable; and f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025(7), F.A.C. The proposed Amended Development Order is attached hereto as Exhibit liB". ORLANDO 78085.1 - SAS -5- ORDINANCE NO. 94- ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, PROVIDING FOR A DETERMINATION THAT CHANGES TO THE COMPREHENSIVE DEVELOPMENT OF REGIONAL IMPACT APPROVED IN ORDINANCE NO. 84- 51, AND AMENDED IN ORDINANCES NOS. 86-11, 86- 37, 88-3 AND 94-10, DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER 380.06, FLORIDA STATUTES, 1994, DETERMINING THAT NO FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW IS NECESSARY REGARDING SUCH CHANGES, APPROVING SUCH CHANGES, AMENDING THE DEVELOPMENT ORDER (ORDINANCE NOS. 84-51, 86-11, 86-37, 88-3 AND 94-10) FOR PURPOSES OF INCORPORATING THE APPROVED CHANGES, AND PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES WHEREAS, Quantum Associates, a Florida general partnership ("Developer") is the current owner and developer of the remaining vacant land within the project commonly known as Quantum Corporate Park at Boynton Beach Development of Regional Impact (sometimes hereinafter called the "Quantum Park DRI"); and WHEREAS, the original Development Order for the Quantum Park DRI was approved by the City of Boynton Beach (the "City") by Ordinance No. 84-51 and amended by Ordinance Nos. 86-11, 86-37, 88- 3 and 94-10 (hereinafter collectively called the "Development Order"); and WHEREAS, the land subject to the Development Order is described therein as the "Property" and is incorporated herein by reference; and WHEREAS, Developer has submitted to the City a Notification of Proposed Change to a Previously Approved Development of Regional Impact requesting a further amendment to the Development Order for the purpose of revising the Master Site Development Plan to reflect the use of a portion of the Property previously designated for EXHIBIT "B" office use to be redesignated for office/research and development use; and WHEREAS, the City Commission of Boynton Beach, as the governing body having jurisdiction, is authorized and empowered to consider applications for amendments to development orders approving developments of regional impact pursuant to Chapter 380.06, Florida Statutes (1994); and WHEREAS, said City Commission has considered the testimony, reports and other documentary evidence submitted at said ~ublic hQa~ by Developer, the City staff and the public, and the City Planning and Zoning Board's recommendations of the ____ day of , 1994; and said City Commission has considered all of the WHEREAS, foregoing. NOW THEREFORE, Boynton Beach, that findings of fact: Section 1. A notice of public hearing in the proceedings was duly published on the day of , 1994, in The Post, a newspaper of general circulation in Boynton Beach, Florida, pursuant to Chapter 380.06, Florida Statutes, and proof of said publication has been duly filed in these proceedings. Section 2. Developer has requested that the Development Order be amended by revising the land use designation of Lots 12, 13 and 14 from "office" to "office/research and development". be it ordained by the City Commission of said City Commission makes the following -2- Section 3. Upon consideration of all matters described in Section 380.06, Florida Statutes (1994), it is hereby determined that: A. The amendment proposed by Developer does not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to this area. B. The amendment proposed by Developer in consistent with the local comprehensive plan and local land development regulations. c. The amendment proposed by Developer ~ with the recommendations of the Treasure consistent ~ Coast Reg10nal/~ ~ /. Planning Council on file in these proceedings. D. The amendment proposed by Developer does not consti tute a substantial deviation under Chapter 380.06, Florida Statutes (1994). Section 4. The City Commission has concluded as a matter of law that these proceedings have been duly conducted pursuant to the provisions of Chapter 380.06, Florida Statutes (1994), that Developer is entitled to the relief prayed and applied for, and that the Development Order is hereby amended incorporating the amendments proposed by Developer as set forth in Section 2 above. day of Section 5. Except as otherwise amended herein, Development Order shall remain in full force and effect. FIRST READING this SECOND READING and FINAL PASSAGE this , 1994. ATTEST: day of CITY OF BOYNTON BEACH, FLORIDA MAYOR VICE-MAYOR COMMISSION MEMBER COMMISSION MEMBER COMMISSION MEMBER CITY CLERK EXHIBITS: ORLANDO 78092.1 - SAS "A" - Amended Master Site Development Plan -4- PLANNING & ZONING DEPARTMENT MEMORANDUM NO. 94-344 FROH: Al Newbold Deputy Building Official Michael E. Haag-<'fe~ Zoning & Site Dev~ment November 18, 1994 Administrator TO: DATE: SUBJECT: Transmittal of Development Orders Accompanying this memorandum you will find documents regarding development plans that received final approval by t1e planning and Development Board and/or City commission. The follJwing is a list of the projects, type of request and the documentati~n transmitted: Quantum Park - Master Plan Modification - copy of the 2nd review plans - copy of staff report and comments - copy of the November 15, 1994, City Commission minutes Quantum Park - New Site Plan - copy of the 2nd review plans - copy of staff report and comments - copy of the November 15, 1994, City Commission minutes Gulfstream Professional Building - Major Site Plan Modification - copy of the 2nd review plans - copy of staff report and comments - copy of the November 15, 1994, city CommissLon minutes Gulfstream professional Building - Parking Lot Var:.ance - copy of staff report and comments - copy of the November 15, 1994, City commisslon minutes MEH:jj Attachments Project File a:t.ran..it..d.ev J